Appeal No. 2001-2199 Page 5
Application No. 08/754,462
testing done July 1993. As such, the date for a 37 CFR § 1.131 declaration to overcome
is September 2, 1993. The second reason was that the seven photographs on pages 5
and 6 of the Certainteed Corporation Invention Disclosure were "so vague that it in no way
appears to lead one to conclude that one in possession of the drawing [the seven
photographs] prior to the reference date was in possession of all of the subject matter of
the claims." However, the examiner did not identify any specific claim limitation that would
not be apparent from the seven photographs. Moreover, it is our view that when all the
evidence contained in the Janousek declaration is considered, the Janousek declaration
is sufficient to establish a reduction to practice of the claimed invention in the United
States prior to the effective date of PPG '913 (i.e., September 2, 1993) for the reasons set
forth above.
Since the Janousek declaration establishes a reduction to practice of the claimed
invention in the United States prior to the effective date of PPG '913 (i.e., September 2,
1993), PPG '913 is not available as prior art in a rejection under 35 U.S.C. § 103. Since
all of the rejections before us in this appeal rely upon PPG '913, we reverse the decision of
the examiner to reject claims 18, 19 and 21 to 37 under 35 U.S.C. § 103.
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